Constitution of India, 1950–Art. 20(2)–Protection in respect of conviction for offences–Availability–Three conditions-
(1) There must have been previous proceedings before a Court of law or a Judicial Tribunal or competent jurisdiction in which the person must have been prosecuted–The said prosecution must be valid and not null and void or abortive.
(2) The conviction or acquittal in the previous proceedings must be in force at the time of the second proceeding in relation to the same offence and same set of facts, for which he was prosecuted and punished in the first proceeding.
(3) The subsequent proceeding must be a fresh proceedings, where he is, for the second time, sought to be prosecuted and punished for the same offence and same set of facts.
